Cary woman sues builder after deck collapse

A Cary woman is suing her home's builder and one of its subcontractors over injuries she suffered earlier this month when her backyard deck collapsed, causing her to plunge 12 feet to the ground.

Marisa Costello, along with husband, Matthew, each seek more than $50,000 in damages from Town and Country Homes and Residential Carpentry Inc. as a result of the May 4 collapse at their home in the 300 block of Oakmont Drive.

The suit says Marisa Costello was stepping out of her kitchen onto the elevated deck when the structure detached from the home and collapsed at an angle.

The suit does not detail Costello's injuries, but officials said she was taken to a hospital for treatment after the fall.

According to the suit, when Town and Country built the home in 2003, it allowed its subcontractor to attach the deck to the home using only nails, not posts or ledger boards to keep it secure.

The builder acted "with conscious disregard or utter indifference for the safety of the plaintiff," the lawsuit alleges.

A call for comment to Town and Country was not returned Friday. No one answered calls to Residential Carpentry Friday afternoon.

The collapse has led Cary officials to inspect nearly 50 similar decks in the Costellos' Foxford Hills subdivision, Village Administrator Cameron Davis said Friday.

So far, he said, one other home - next door to the Costellos - has had a similar problem with bolts not installed to support an aboveground deck.

"Being right next door, I'm sure it's no coincidence," Davis said.

Davis referred questions about whether the decks met village building code or had previously passed village inspection to Village Attorney Michael Coppedge, who was not available for comment Friday.

He did say, however, that constructing a deck would require a building permit, which involves an inspection.